Item H07 H.7
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
September 21, 2022
Agenda Item Number: H.7
Agenda Item Summary #11072
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a contract to purchase Tier 1 property for conservation
— Block 4, Lot 28, Summerland Estates Re-subdivision No. 2, Summerland Key near mile marker
25.
ITEM BACKGROUND: This acquisition is proposed to protect property rights and the natural
environment and to reduce the County's potential liability for takings suits.
The subject property consists of a 6,108 square foot lot on 46th Street on the ocean side of
Summerland Key near mile marker 25.
The property attributes are:
• Tier designation: Tier 1 —Natural Area.
• Zoning designation: Native Area(NA).
• Vegetation: Exotics and mangroves.
• Sea Level Rise: The Southeast Florida Regional Climate Change Compact sea level rise
projection for the period from 2000 to 2070 is 21 to 54 inches. In the event of a 12-inch
increase in sea level, estimates provided by the South Florida Water Management District
indicate most of this property will have a 25.1%to 74.9%probability of being inundated.
• Acquisition List qualification: The property qualifies because it is Tier 1.
• Florida Forever Boundary: This property is outside the Florida Forever boundary.
• Transferrable Development Rights (TDRs): 0.015 TDRs.
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• ROGO Dedication Points: Either 0.5 or 2 points.
The property owner has agreed to sell the property for $12,000. The estimated closing costs for this
transaction are listed in the agenda documentation.
ADVISORY COMMITTEE ACTION: On August 31, 2022 the Committee voted 4/0 to approve
purchasing this property for the price of$12,000.
PREVIOUS RELEVANT GOVERNING BOARD ACTION: The Board has approved the
purchase of other conservation properties in this subdivision.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Cost Sheet
Aerial Photograph
Purchase Agreement
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mark Rosch Completed 09/01/2022 9:36 AM
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Christine Hurley Completed 09/01/2022 11:56 AM
Lindsey Ballard Completed 09/01/2022 11:58 AM
Board of County Commissioners Pending 09/21/2022 9:00 AM
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PURCHASE CONTRACT
09/21/22
Purchase Title Fees& Attorney Recording Total
Property Price Appraisal Insurance Fee Fee Costs
Block 4, Lot 28 $12,000.00 $0.00 $575.00 $475.00 $35.50 $13,085.50 2
Summerland Estates Re-Subdivision No. 2
Summerland Key
Seller: Joyce M.Walker Trust dated 9/8/15
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Aerial Photograph of Subject Property
Block 4, Lot 28, Summerland Estates Re-subdivision No. 2
Summerland Key
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2022, by
and between
Greg A. Walker, as Trustee of the Joyce M. Walker Trust dated September 8, 2015, 2.1
as amended and restated on July 27, 2021
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(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter
"Land Authority") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands ci
upon the terms and conditions hereinafter set forth, and for the price of $12,000.00 for all of the d
lands and other interests, which lands shall include all tenements, hereditaments, together with all a
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or .
arising by reason of ownership thereunto belonging, owned by them, situate and lying in the .5
County of Monroe, State of Florida, more particularly described as follows; to-wit:
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Block 4, Lot 28, Summerland Estates Re-subdivision No. 2 (PB 4-2)
Parcel ID# 00200030-000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will U)
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, E
telephone, telegraph, power transmission lines and public utilities.
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The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a 0
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall 2
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the Effective Date in which to examine title. If
title is found defective, the LAND AUTHORITY shall, within this specified time period, notify
Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will
have one hundred twenty (120) days from receipt of notice within which to remove the defect(s).
The Seller(s) will use good faith effort to correct defect(s) in title within the time provided therefore,
failing which the LAND AUTHORITY shall have the option of either accepting the title as it then is
or rescinding the Agreement herein. Nothing herein shall obligate the Seller(s) to incur financial
costs or spend funds remedying title defects.
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3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the LAND
AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because
of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the
LAND AUTHORITY may, without liability, refuse to accept conveyance of said lands.
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4. The Seller(s) further agree that during the period covered by this instrument officers and c)
accredited agents of the LAND AUTHORITY shall have at all reasonable times the unrestricted
right and privilege to enter upon said lands for all proper and lawful purposes, including
examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to
any and all claims against the LAND AUTHORITY, Monroe County, or the State of Florida 42
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
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5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient special warranty deed conveying to the LAND AUTHORITY a ci
marketable title to the said lands of such character as to be satisfactory to the legal counsel of the d
LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the a
rights-of-way, easements and reservations retained therein, shall be subordinate to and subject to g
such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
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6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $12,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, and delivery of the deed, and after the legal counsel of the LAND
AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to U)
be paid to the Seller(s) the purchase price. The LAND AUTHORITY shall pay the following
expenses associated with the conveyance of the property: deed recording fees, settlement fees,
abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the
prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of E
title in the LAND AUTHORITY, or the effective date of possession of such real property by the
same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be
affixed to the deed and the removal of trash, debris, and structures from the property, if any, and
real estate commissions, if any. Full possession of the premises shall pass to the LAND 0
AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations
stated in Section 2 above.
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7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to E
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s)
at the following address:
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727 Harness Creek View Drive with a copy to: Coby Taylor
Annapolis, MD 21403 Expert Realty
cobysellsthekeys@gmail.com
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and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
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10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
12. The effective date of this Agreement (hereinafter"Effective Date") shall be that date when the last E
one of the Seller(s) and the LAND AUTHORITY has signed this Agreement.
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13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until August 10, 2022 to d
sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in a
counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this g
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transaction is contingent upon approval by the Advisory Committee and Governing Board of the .5
LAND AUTHORITY, failing which the parties acknowledge that each shall be released of all
further obligations under this Agreement. In the event this transaction has not closed within one
hundred eighty (180) days from the Effective Date, then either party may terminate this Agreement
at any time thereafter by providing written notice, in which case the parties acknowledge that each
shall be released of all further obligations under this Agreement.
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IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s). 06
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Seller/ Greg A. Walker, as Trustee of the Joyce M. Walker Trust dated September 8, 2015, 0
as amended and restated on July 27, 2021
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Signature Date Phone Number Email Address
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The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its
EXECUTIVE DIRECTOR in accordance with Resolution 03-2016, has executed this Agreement on
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of
12022.
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
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Christine Hurley, Executive Director
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